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Auto Accident Litigation

The first step is to collect all the documentation related to your accident. This includes medical records, photographs and evidence of the scene of the crash, bills and pay stubs.

Memories fade, witnesses may disappear or die, and evidence could disappear. If you and the Defendant do not reach a consensus in this stage your case will be taken to trial.

What is a lawsuit?

A lawsuit is an action in court where the plaintiff tries to hold the defendant responsible for a loss. A plaintiff could seek an amount of money, or other non-monetary "equitable remedies" from the court. The defendant is required to respond to the complaint.

The first step in a civil lawsuit is filing the complaint. The complaint is a document that outlines the facts of the case, and sets out the legal basis for holding the defendant accountable for plaintiff's damages. The defendant has a certain amount of time to reply to the complaint. They may challenge the allegations and the arguments of the plaintiff or request that the case is dismissed due to lack of legal basis.

A defendant can also opt to settle a case instead than attempting to resolve it. A settlement is a deal reached between the parties to stop litigation without determining liability for money.

There are also class actions which combine multiple injury claims into a single claim for compensation. This allows for more cost-effective and efficient litigation as multiple parties are trying to pursue the same claim. This is particularly advantageous when the injuries are relatively small and the cost of individual litigation could be prohibitive.

How does a lawsuit work?

In car accident lawsuits, the process usually begins with a formal complaint which is filed in court, and then served on the defendant. The defendant is then given between 20 and 30 days to respond or answer. During this time they may defend against your personal injury claim, and/or make a counterclaim against you. They may also engage in discovery. This includes interrogatories (written questions) as well as depositions, requests for production (which could include photographs, documents, videos or even physical evidence), and requests for admissions.

You may settle your case outside of court based on the severity of the injuries you sustained and the insurance coverage of the party responsible. This is cheaper and quicker than going to trial. If the insurance company refuses to pay the amount you deserve and you are not satisfied, your Long Island auto accident attorney might decide to take them to court.

Generally speaking, the damages you can be compensated for are the documented costs such as medical bills and property damage. In addition, you can claim non-economic damages, such as pain and suffering. Insurance companies are known for underestimating noneconomic damages. A lawyer experienced in car accidents with extensive experience can guarantee you are compensated fairly for your losses. This is particularly important if the driver at fault is not insured or has inadequate insurance coverage to pay for damages.

What can I expect from a lawsuit?

If a victim of a car collision seeks compensation for their losses and injuries they have to be prepared to fight their claim. They must submit proof of their treatment, such as the notes of a doctor and test results as well as receipts related to medical expenses. They'll need to prove damages, including lost wages or property damage, as well as pain and discomfort. It is crucial to seek medical attention right away after a crash for any injuries to ensure that all information can be documented and submitted to the insurance company to prove the loss.

During the process of discovery your attorney will question witnesses, experts and others to create a convincing case on your behalf. This could include depositions where the person is required to testify under oath while being questioned by your attorney. This allows both parties the chance to listen to each other's accounts, evaluate the credibility of the testimony and then decide what to do next.

After looking over the evidence, the judge or jury will decide which party is responsible for the incident. They will also determine the amount of damages you will be awarded. Based on the circumstances, it could take from a few days to over an entire year. If you are not satisfied with the result the parties can appeal. The process can be lengthy and costly for both parties, therefore it is important to prepare your case immediately after the crash.

Why should I employ an attorney?

When an accident causes injuries, the victim is faced with expensive medical bills and property damage, in addition to lost wages as a result of being not able to work. Legal action could be necessary to get the compensation you require. An auto accident lawyers accident attorney can assist in determining whether filing a lawsuit makes sense for your situation.

The first thing an attorney will do is ask for your medical records as well as other documents related to the accident. This evidence will be used to determine the severity and extent of your injuries sustained in a car accident. Interviews with witnesses could be conducted. In some cases experts such as engineers or mechanics can be consulted.

It could take weeks, even months to complete the court procedure dependent on the circumstances of your accident. This is due to a number of factors, such as negotiations with insurance companies and discovery (analyzing the evidence of both sides) and setting dates for court, Auto accident attorney as well as trial preparations. During this time, memories may disappear, witnesses could go away or even die, and evidence may be lost.

An experienced car accident attorney will help you understand your legal options during a no-cost consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We will be able to answer all your questions regarding whether or not you should sue and the damages you could be able to recover.